edward ntalyoka vs paskal kasiwa 2014 tzhc 2402 18 march 2014

edward ntalyoka vs paskal kasiwa 2014 tzhc 2402 18 march 2014

The appellant failed to provide sufficient reasons for non-appearance and for stay of execution, and the application for revision was misconceived as the Tribunal cannot revise its own decision under section 36 of Cap. 216.

Source-derived case information.

Citation
edward ntalyoka vs paskal kasiwa 2014 tzhc 2402 18 march 2014
Parties
Appellant: Edward Ntalyoka; Respondent: Paskal Kasiwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 March 2014
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Stay of Execution, Revision Jurisdiction, Setting Aside Dismissal, Appeal Procedure
Source Language
english
Land Law Civil Procedure Stay of Execution Revision Jurisdiction Setting Aside Dismissal Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Edward Ntalyoka

Appellant

Paskal Kasiwa

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in dismissing the application for stay and revision
  2. 2 Whether sufficient reasons were provided for non-appearance and for stay of execution
  3. 3 Whether the Tribunal had jurisdiction to revise its own decision

Ratio Decidendi

The appellant failed to provide sufficient reasons for non-appearance and for stay of execution, and the application for revision was misconceived as the Tribunal cannot revise its own decision under section 36 of Cap. 216.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs